ECOWAS Parliament Building
By Buba Gagigo
The ECOWAS Parliament has decided against participating in the establishment of a Special Tribunal for The Gambia. After thorough discussions, the Joint Committee of the Parliament voiced significant concerns about the potential repercussions of such involvement by ECOWAS.
While acknowledging The Gambia’s right to set up a tribunal to address crimes and human rights violations that occurred between July 22, 1994, and January 21, 2017, the committee advised that ECOWAS should not be part of this process.
“The Joint Committee recognizes the rights of The Gambia to establish a special tribunal, to prosecute crimes, violations and serious breaches of human rights committed in the Country between 22 July 1994 and 21 January 2017. The Tribunal is expected to combat impunity, bring justice to the victims, and preserve respect for the rule of law in the Member State,” the committee said.
However, the committee expressed reservations about ECOWAS’s involvement, citing potential risks to the organization’s legitimacy and ability to mediate if the tribunal’s proceedings face challenges.
“In the event that the proceedings of the Tribunal faces any challenges or is queried, ECOWAS stands to lose its legitimacy to mediate. This could further exacerbate the issues as there will be nowhere else to run to within the subregion,” the committee said.
Given these concerns, the Joint Committee acknowledges The Gambia’s freedom to establish any Special Tribunal it deems necessary to seek redress for its citizens. However, it suggests that this should be done without ECOWAS’s involvement.
“The Joint Committee, therefore, recommends that an Unfavourable Opinion be rendered by Plenary on the draft Decision to set up of a Special Tribunal for The Gambia and the adoption of the Statute in this regard,” they said.
According to OKFM, despite persuasive arguments from five Gambian lawmakers advocating for ECOWAS’s involvement, the majority of parliamentarians opposed the idea. They contended that ECOWAS’s dual role as both mediator and participant would compromise its neutrality and effectiveness. Lawmakers from Liberia, including Taa Wongbe and Edwin Snowe, backed this majority stance.
“The Gambian lawmakers argued that the people of Gambia need and deserve justice following years of crimes and atrocities committed against them, beseeching ECOWAS to assist in the process. Parliamentarians disagreeing with them noted that the Gambia can set up its own court using its constitutional and other legal processes, but that ECOWAS cannot be a party to it. Two lawmakers from Liberia including Taa Wongbe and Edwin Snowe spoke on the floor, agreeing with the majority decision,” OKFM in Abuja writes.